Clark v. Natl Equi Hold Inc, et al

United States Court of Appeals
Fifth Circuit
F I L E D
May 30, 2007
Charles R. Fulbruge III
Clerk
In the
United States Court of Appeals
for the Fifth Circuit
_______________
m 06-40364
_______________
JOHN S. CLARK,
INDIVIDUALLY AND AS TRUSTEE OF THE JOHN S. AND LORETTA J. CLARK TRUST,
Plaintiff-Appellant,
VERSUS
DONALD DOUGLAS,
ALSO KNOWN AS DONNIE DOUGLAS;
CHERYL WALKER DOUGLAS;
CADDO CREEK PRODUCTION, INC.,
A TEXAS CORPORATION;
LYLE J. BRANDON; LANA ROBERTS BRANDON,
Defendants-Appellees.
_________________________
Appeal from the United States District Court
for the Eastern District of Texas
m 4:05-CV-290
______________________________
Before GARWOOD, SMITH, and DEMOSS,
Circuit Judges.
PER CURIAM:*
The motion to vacate the judgment and to
remand is DENIED. The alternative motion to
remand is GRANTED in part. This matter is
REMANDED for the limited purpose of con-
ferring on the district court the jurisdiction to
* Pursuant to 5TH CIR. R. 47.5, the
court has determined that this opin-
ion should not be published and is
not precedent except under the lim-
(continued...)
*(...continued)
ited circumstances set forth in 5TH
CIR. R. 47.5.4.

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grant a rule 60(b) motion if that court wishes
to do so. If that court grants the rule 60(b)
motion, it may make findings. This court re-
tains jurisdiction in the interim. We express no
view on how the district court should rule on
the rule 60(b) motion.

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